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THE CASE 



OF THE 



44 



Kronprinz WiIhelm ,, 



AND 



44 



Bernstorffian Diplomacy" 



A second letter to Hiram Freeborn U. S. A. 



April 14th, 1915 



(3d thousand) 
10 cents 



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" — who knows his rights and knowing dares maintain. 



"Once to every man and nation comes the moment to decide. 



60 Wall Street, New York, 

April 14th, 1915. 
Hiram Freeborn, Esq., 

U. S. A. 

Dear Hiram : — 

Your reply to my letter of March 31st is per- 
suasive of your retention of your old character- 
istics of listening carefully and judging shrewdly 
and that you often ask a question merely to bring 
out an anticipated answer; that you may see 
whether you still agree with yourself when you 
hear your thought put in another person's lan- 
guage. Therefore it may be assumed, that these 
further inquiries of yours : — as to the status of this 
second German Sea-Raider which has now come 
within our waters and as to whether the general 
course of our diplomacy did not itself evoke the re- 
cent unpleasantly recriminative note from the Ger- 
man Ambassador: — are more for the purpose of 
hearing an echo of your own thought than of seek- 
ing any startlingly new light on those subjects. You 
justly point out that the prior letter anticipated 
that we would have to "pay" hereafter for errors 
we might make in our practice as ''Neutrals" if 
we temporized and conciliated in the effort to be 
"impartial" and you ask whether the Kronprinz 
Wilhelm's return to our waters casts upon us any 
duty — accompanied by a responsibility arising 



from the manner of her departure therefrom — 
differing in nature from our duties* in regard to 
the "Eitel Fritz." Of course, the answer is 
"No!" — so long as the German war continues and 
it is better policy on the part of those injured by 
her commerce-raiding not to press any claim." 
But when the German War is over we may per- 
haps be surprised to find that the true answer was 
"Yes!" — "and a very distinct duty also." Then, 
if not before, will arise the beginning of the verifi- 
cation of the statement that our course in these 
matters will cost us a great deal more than we 
shall have saved and that it will be found that our 
erroneous viewpoint is beginning "not to pay." 
The matter of the Kronprinz Wilhelm stands 
briefly upon the record as follows: 

On August 3rd, 1914, she left New York Harbor 
under a false clearance to become a commerce 
raider. 

If she be treated now on her return as free of 
all prior infraction of our neutrality the basis 
for a claim after the war is over will be thereby 
strengthened. Placing the matter squarely upon 
the administration's ground, that our position 
should be that of being "impartial" instead of 
our adopting the rules of neutrality as delimited 
in international law, such treatment would be 
equally improper. A vessel cannot leave one of 
our ports under false clearance, become a com- 
merce raider without returning to a home port, 
then with entire immunity seek shelter here, with- 
out our being chargeable with connivance in her 
method of original departure. 



* Note: As matter of fact we permitted an infraction of our 
neutrality by the "Eitel Fritz" : that is permitted her to increase 
her military efficiency in her appointed capacity of commerce- 
raiding — by taking steps which added several knots per hour 
to her speed. 



To justify a claim on our part of our having 
been deceived at the time of her departure: and 
not having been then acquiescent in her improper 
procedure: our conduct should conform to the 
exact situation, now that we have full knowledge. 
Accident having restored the ship to our physical 
control she should be officially detained under 
guard and should not be treated as — for example 
— the Eitel Fritz was treated. That is she should 
neither be permitted to depart nor to "intern" — 
since "internment" imports agreement to freely 
release on termination of hostilities. 

The facts which lead to the deduction of the 
vessel's having departed under false clearance to 
become a commerce raider — eliminating all mat- 
ter as to which debate, or controversy could arise 
— are such as reasonably to justify anticipation of 
a future claim being sustainable (by France but 
not by England) if we do not clear our skirts at 
this conjuncture. That is: — If we do not take 
those disclamatory steps which are now not alone 
rendered feasible but invited by the circumstance 
of her entrance into one of our ports, there will 
arise against us the presumption of prior knowl- 
edge or of subsequent acquiescence. 

We have been spared the duty of following her 
up at sea and bringing her back under guard, but 
we have had thrust upon us — pushed under our 
noses — the duty of now taking possession of her. 

If instead of so doing we treat her as free to 
depart — by allowing her to coal, provision and 
repair and by setting a term in which she shall 
leave or be interned — we shall be liable to be 
held, since her departure was in contravention of 
our "Neutrality," to have thereby deliberately 
assumed responsibility for her acts which, on the 



termination of the war, upon a claim being ad- 
vanced, will result in our being subjected to the 
payment of the damages incurred. To phrase it 
in the administration's new nomenclature we shall 
be shown not to have been "impartial." 

The noncontested facts relating to the Kron- 
prinz Wilhelm are as follows: 

1. On a day certain the vessel arrived at the 
Port of New York in her capacity of a passenger 
and cargo steamer, being the property of and 
operated by a German steamship corporation 
which was engaged in trading as such between 
the ports of Bremen and New York. 

2. The vessel was then officered and manned 
by civilians regularly in the employ of her cor- 
porate owner. 

3. On arrival at the Port of New York she 
landed her passengers and discharged her cargo. 

4. On a day certain the German Empire de- 
clared war upon the French Republic. 

5. After knowledge reached this country of 
invasion of France, Luxemburg and Belgium by 
Germany and the declaration by France that war 
having been begun by Germany without formal 
announcement, she; France; was under no obli- 
gation to declare war: And after the delayed 
formal declaration of war upon France by Ger- 
many was known throughout the United States; 
the vessel left the Port of New York of an evening 
under clearance for the Port of Bremen. 

6. When she left the vessel did not have on 
board her regular civilian crew, but on the con- 
trary had on board a crew composed of German 
Naval Reservists — and had also on board certain 
German Naval officers. 

7. When she left she was over-provisioned for 
the voyage to Bremen: having taken on board at 



this Port a larger quantity of provisions and sup- 
plies than is customary for her to take at this 
Port. 

8. She was also over-coaled: having taken on 
board a larger amount of coal than is customary. 

9. She took no passengers or cargo: substan- 
tially all her cargo space was filled with coal. 

10. Immediately on clearing the Port of New 
York she rendered herself inconspicuous by ex- 
tinguishing all lights except running lights and 
altered her course — her true course for Bremen 
being, generally speaking, an easterly course and 
the course actually taken and maintained without 
deviation being a southerly course. 

11. At the time of leaving she had on her for- 
ward deck a heavy case said to contain a spare 
crank-shaft. 

12. At no time, from the time of her leaving 
the Port of New York until to-day, has she either 
steered a course for Bremen or visited a German 
port. 

13. Several days after leaving the Port of New 
York she met an armed German steamer on the 
high sea in the general vicinity known as the 
West Indies. From her at sea she obtained cer- 
tain military armament. 

She states that she also transferred to that 
other armed steamer a certain member of the Ger- 
man Naval Reservists she had shipped in the 
Port of New York thereby increasing the military 
efficiency of that other armed steamer. 

14. After obtaining such armament she en- 
tered upon a course of commerce-raiding, includ- 
ing the destruction of vessels and goods the prop- 
erty of citizens of the French Republic. 

15. On a recent day she entered an American 



port having on board as prisoners the crews of 
various vessels which she had destroyed in the 
course of her commerce-raiding and manned by 
the remaining portion of tne crew of German 
Naval Eeservists which she had shipped in the 
Port of New York. 

16. The heavy case said to contain a spare 
crank-shaft is no longer in situ. 

17. !She remains in the Port she recently en- 
tered. 

These facts would appear to carry with them a 
responsibility on our part to detain the vessel: 
not to apply the rules which would be correct for 
a vessel of war belonging to the navy of a bellig- 
erent: — to wit: opportunity to repair and to re- 
provision sufficiently to enable reaching a home 
port, or, in the alternative, to allow her to "in- 
tern": — but to detain her under arrest. 

If it be deemed desirable prior to acting, to 
create a formal record of the facts above given — 
an investigation can readily be made. Almost 
every one of the essential facts given above 
can be definitely established a: from the records 
of the Custom House in New York City, b : from 
the records of the North German Lloyd Steamship 
Company in New York City and c: from her Log 
and her Sea-letter (for it is highly improbable 
that she has a regular commission on board), and 
d: from other official documents now on the vessel. 

These being the facts it would appear to be use- 
less to temporize further with or seek in anywise 
to evade the actual responsibility in this matter 
cast upon us as "Neutrals." The real situation 
must be faced necessarily at some time, sooner or 
later. All steps taken now with a view to tem- 
porizing further will only embarass later, will 
also be cited as precedent against us when the 



next incident occurs and will create a belief that 
we will yield to pressure: which will lead to the 
exercise of attempted pressure: which, if resisted, 
will create still deeper animosity. It is better to 
face a difficult position or an evil at the outset 
along correct lines than to evade or hope to con- 
ciliate by weakness. 

Probably the best way at the moment to save 
our pecuniary responsibility: if that be the end 
we should seek — abandoning you note the "im- 
partiality" theory as not applicable when our 
pockets might be involved: would be to notify 
France of the vessel's presence here and of our 
willingness to detain her if proofs be offered. In 
default thereof she could be permitted to depart 
or to intern. We would not have been "impar- 
tial" but we would save our skin. 

The recent Bernstorff communication, to come 
to your second question, affords demonstrative 
proof of the futility of attempting to conciliate, 
instead of standing squarely upon prerogative 
and right, when one is confronted with aggressive 
methods. And when as in the Bernstorff episode 
aggression is coupled with actual demands for 
partiality of treatment: and is accompanied by 
veiled threats of fomenting internal discord as an 
alternative if the undue demands are not yielded 
to: it is broad warning that further pursuit of a 
conciliatory course will be but to invite greater 
dissension. 

In diplomacy the different nations must neces- 
sarily be dealt with in different manners: each in 
accordance with its national characteristics and 
with such development thereof under the strain 
of a particular situation as is appropriate to them 
respectively at each given time. For Germany 
to-dav in all our dealings with her a simple, plain, 



8 

non-argumentative adherence to International 
Rules with a firm adhering to our Neutral Rights 
is clearly dictated. Debate, argument, explana- 
tion, deprecation, conciliation, and expostulation 
should find no place in our attitude. 

This view you will find corroborated by every 
American conversant with the mental character- 
istics of the German race through early education 
there and long familiarity. 

Pray note that by "American" at this point 
is meant those whose ancestors have fought the 
British for America at least once — preferably 
twice." Not those who are of recent German or 
English or French descent. According to 
the newspapers an elaborate reply verging 
even upon meticulosity to the Bernstorff 
note is contemplated: coupled with detailed ex- 
planations of the difference between the situation 
which arose concerning Mexico and that which 
exists concerning Germany in relation to the ship- 
ment of munitions of war. Such a course will 
bring on new controversy, accentuate debate, 
and supply interested parties with opportunity 
to claim that we have been put in the wrong: — 
for it would pass the bounds of human endeavor 
to produce a document of the nature described in 
which no flaw of example, or imperfection, or in- 
adequacy of expression was discoverable. 

Without desiring to be more critical than a 
situation demands it is also noteworthy that the 
gravamen of the Bernstorff note rests upon the 
unfortunate idea of "impartiality" being the 
very essence of "Neutrality" which has gained 
currency and credence with us alone : and this only 
through recent official utterances: and which 
is an erroneous point of view from which to re- 
gard the subject. Adherence to the rules of 



"Neutrality" will produce actual impartiality: 
attempt at ' ' impartiality ' ' will assuredly produce 
"partiality" (since it requires superhuman judg- 
ment in each particular instance which arises) 
and will induce constant alternate recriminations 
on each occasion from whichever is the third 
party to any particular incident. 

The present Bernstorfr' complaint amply illus- 
trates this — it uses back again to us the phrase 
11 genuine neutrality": Which we unfortunately 
used and rings the changes on it — i.e. it says ' 4 the 
spirit in which neutrality is enforced": "the real 
spirit of neutrality": "to observe true neutral- 
ity": "this spirit of neutrality": and finally it 
puts the words "true spirit of neutrality" into 
quotation marks. 

While retracing steps to cure an original er- 
roneous conception of a situation may be difficult 
it is by no means impossible if done when error 
is recognized. It is also the part of wisdom so to 
do as soon as the error is apparent. Finally, as 
being the conservative and statesmanlike course, 
it recommends itself without apology or explana- 
tion. 

For the future peace and contentment of the 
land it would be well if such course were followed. 

But it appears in the last few days that the 
actual situation regarding the Bernstorfr' note 
is even less to our credit than was imagined. The 
note was conveyed to the Department of State 
during the first few days of April (Bernstorfr" 
says April 2nd, Bryan says April 4th). Its re- 
ceipt was concealed — the talk about translating 
and re-translating may be disregarded with a 
smile, as also the talk about Bryan's absence 
which is known to be irrelevant in such matters. 
This concealment arose we must assume from a 



10 

justifiable fear that its tone would be resented by 
the people at large. This, however, did not suit 
the (ierman plans. With typical lack of appre- 
ciation of the situation: being encouraged also by 
our previous attitude: Germany had, it now ap- 
pears, transmitted the note for its public effect! 
iStrange perversity! Extraordinary misapprehen- 
sion! Typical indeed of her insensate procedure 
since August 1st, 1914! Justification of the grow- 
ing belief in a "National Paranoia" having 
supervened in Germany as the result of her 
people's intense concentration on militarism dur- 
ing the past fifty years — since Sadowa-Koenig- 
gratz. Finding that we suppressed it Bernstorff 
seems apparently to have arranged none too 
adroitly but as best he could for its "undiplo- 
matic" promulgation. Doing his duty to his 
country and doubtless prepared to suffer in his 
office if thought necessary to sacrifice him as a 
scape-goat: — it is said that our administration is 
not absolutely unwont to seek a victim if its hand 
is forced or one of its members placed in an em- 
barrassing situation. 

Surely must it be conceded that step by step 
the justice of the analysis of the German attitude 
and the futility of our attitude as given in the 
former letter are demonstrating themselves: as 
also the sacrifice of prestige which we have made 
so uselessly — even from the day when we did not 
protest at the Belgian horrors. Meanwhile the 
impairment of the future reputation of our Chief 
Executive : and the disqualifying of our nation to 
serve as an element to advance the time of the 
dawn of "Peace" on a distracted Europe, all 
from our original error, must be growing patent 
to every observer. 

We should regard these matters in no spirit of 
opposition, with no desire to render a task more 



11 

difficult, with no wish that the conduct of affairs 
should fail of success: but with a sense of the 
wisdom of making known: so far as we may and 
as well here as elsewhere: the fact that all these 
errors are recognized as errors by the majority 
of Americans — lest harsh judgment of us and of 
our country be passed by the nations. 

Our newspapers shrink from the truth through 
a kindly but mistaken impulse and will publish no 
criticisms of our course in these matters: pre- 
ferring apparently that in the eyes of the world 
we should stand branded — by the one side as 
steeped in selfish cowardice, by the other as 
praters on impartiality while clutching at pecuni- 
ary gain — rather than that they be charged by the 
interested adherents of one side or the other with 
not supporting the government in time of strain. 
But the very best support of the government at 
all times is the truth: and when the government 
is in error it is a duty to criticise and in a free 
country a newspaper can have no higher nor more 
useful function. 

Where policies are dictated by men as to whom 
one can say: " These have all behind them long 
"careers marked by broad experience, by deep 
"knowledge, by patience, by reasonableness, 
"by high ideals, by self sacrifice, by good judg- 
ement, and by reliability" one may feel that the 
nations are in error and that we shall be ulti- 
mately justified of faith. Each of us must 
consider that question for himself. 

Since one does not gather figs from thistles, 
unless that question can be answered in the 
affirmative, we may reasonably dread lest the 
universal condemnation under which we now re- 
main may not have warrant for its existence. 

Yours very truly, 

Chas. Stewart Davison. 



t-ONGRESS 



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